Divorce Lawyer in Thailand

Ending a marriage is hard enough without uncertainty about the law. Whether you and your spouse agree on everything or you are facing a contested case in court, our family law team in Bangkok advises Thai nationals, foreigners and international couples at every stage of a divorce in Thailand — from drafting the divorce agreement to representing you before the Juvenile and Family Court.

This guide explains the two ways to divorce in Thailand, the legal grounds, how children, property and debts are dealt with, and the points foreign spouses most often need to plan for.

Under Section 1514 of the Civil and Commercial Code, a marriage can be ended in only two ways: by mutual consent, or by a judgment of the court.

Uncontested divorce (divorce by mutual consent)

If you and your spouse both want to divorce and can agree on the terms, you can register an uncontested divorce at a district office (amphoe, or khet in Bangkok). No legal grounds are needed, and it is generally the quickest and least expensive route. The law requires:

• A written divorce agreement, signed by both spouses and certified by at least two witnesses (Section 1514).
• Registration. A divorce by mutual consent takes legal effect only once it is registered (Section 1515).
• Arrangements for any children. The agreement must state which parent will exercise parental power over each child (Section 1520), and whether one or both parents will pay child support and how much (Section 1522).
• Property and debts. The agreement should also set out how marital property and shared debts will be divided.

In practice, both spouses attend the registration in person. The Department of Provincial Administration accepts divorce registrations at any district office in Thailand, regardless of where you live or where you married. Thai embassies and consulates can also register a divorce. If one spouse is in Thailand and the other is abroad, the registration can be split between a Thai district office and a Thai embassy or consulate. There is no government fee for registering the divorce itself.

There is one important limit. This route is only available if your marriage is recorded in the Thai civil registry — for example, because it was registered at a Thai district office. If you married abroad and the marriage was never registered in Thailand, the divorce will need to go through a Thai court.

Before you rely on an uncontested divorce abroad, check that your home country will recognize it. A district-office divorce involves no court judgment, and some countries apply stricter recognition rules to it than to a court divorce. We can advise on which route best protects you. Read more about divorce agreements in Thailand.

Contested divorce (divorce by court judgment)

If your spouse will not agree to a divorce, or you cannot agree on children, property or money, either spouse can file for divorce in court. The spouse filing must prove at least one of the legal grounds in Section 1516 (see below). Family cases are heard by Thailand’s Juvenile and Family Courts. The court decides whether to grant the divorce and also rules on custody, child support, the division of property, and any claims for compensation or a living allowance.

A court divorce takes effect once the judgment becomes final (Section 1531). It is then registered at a district office, using a copy of the final judgment and a certificate confirming that the case is final.

Court proceedings take considerably longer than an uncontested divorce — in our experience, often more than a year, depending on the issues in dispute and the court’s schedule. You may also need to attend court in person at certain stages. We will tell you in advance when your attendance is required.

For international couples, there are two further questions. First, the case must have a sufficient connection to Thailand for a Thai court to hear it. Second, under the Act on Conflict of Laws B.E. 2481, a Thai court will only grant a divorce if the national law of each spouse permits divorce. Find out more about contested divorce in Thailand, or, if your spouse has already filed, about defending a divorce.

A court divorce requires at least one of the 12 grounds listed in Section 1516 of the Civil and Commercial Code. In summary, a court may grant a divorce where:

• the other spouse has maintained or honored another person as their spouse, committed adultery, or regularly had sexual relations with another person;
• the other spouse is guilty of misconduct — whether or not it is a criminal offense — that causes serious shame, contempt or hatred, or excessive injury or trouble;
• the other spouse has seriously harmed or tortured the spouse physically or mentally, or seriously insulted the spouse or the spouse’s parents or other ascendants;
• the other spouse has willfully deserted the spouse for more than one year;
• the other spouse has been sentenced by a final judgment to more than one year’s imprisonment for an offense the spouse did not cause, consent to or connive in, and continuing the marriage would cause excessive injury or trouble;
• the spouses have lived apart for more than three consecutive years, either voluntarily because they cannot live together peacefully, or under a court order;
• the other spouse has been declared missing by a court, or has left home for more than three years with no news of whether they are alive or dead;
• the other spouse has failed to provide proper maintenance and support, or has acted in a way seriously detrimental to the marriage, causing the spouse excessive trouble;
• the other spouse has been continuously insane for more than three years, with no prospect of recovery, to the point that the marriage cannot continue;
• the other spouse has breached a written bond of good behavior;
• the other spouse has a serious, chronic and contagious disease that cannot be cured and is likely to cause harm to the spouse;
• the other spouse has a permanent physical condition that makes sexual intercourse impossible.

Time limits. Some grounds must be acted on quickly. A claim based on adultery, misconduct, serious harm or insult, or failure to provide maintenance must be brought within one year of the date the claimant knew, or should have known, the facts (Section 1529). A spouse who consented to the conduct or forgave it may also lose the right to rely on it (Sections 1517 and 1518).

Is there “no-fault” divorce in Thailand? Not through the courts: a court divorce always requires one of the grounds above. An uncontested divorce by mutual consent, however, needs no grounds at all, and living apart for more than three years is itself a ground. For a closer look, see our guide to the grounds for divorce in Thailand.

When parents divorce, they must decide which of them will exercise parental power — the Thai legal equivalent of custody — over each child who has not yet reached the age of majority, which is 20 in Thailand. In an uncontested divorce, this is recorded in the written agreement (Section 1520). If the parents cannot agree, or the divorce is contested, the court decides.

Child support is either set in the divorce agreement (Section 1522) or ordered by the court, and both parents remain responsible for supporting their children. For international families, the hardest questions are often practical ones: which country the children will live in, how the other parent will keep in contact, and how travel abroad will be handled. These are best settled clearly, in writing, at the time of the divorce. Read more about child custody in divorce and child support in Thailand.

• Personal property (sin suan tua), such as property either spouse owned before the marriage, stays with the spouse who owns it.
• Marital property (sin somros) — broadly, property acquired during the marriage — is divided equally between the spouses (Section 1533), unless a valid prenuptial agreement provides otherwise.
• Common debts are shared equally (Section 1535).
• A living allowance (spousal support) may be claimed where the divorce was caused by the fault of one spouse alone and it would leave the other spouse without sufficient means to live on (Section 1526). The claim must be made within the divorce case itself, or the right is lost. The allowance ends if the recipient remarries (Section 1528).
• Compensation may be claimed where a divorce is granted on the ground of adultery or a relationship with another person (Section 1523), as explained above.

See our guides to divorce assets and debts, spousal support and divorce and compensation.

• Documents. Foreign-language documents used for a divorce in Thailand must be translated into Thai and certified by the Department of Consular Affairs of the Ministry of Foreign Affairs. We can arrange this through our certified translation service.
• Your visa. If your permission to stay in Thailand is based on your marriage, a divorce will affect it. Plan your next step before the divorce is registered — our immigration team can advise.
• Recognition at home. If you will need your Thai divorce recognized in another country, take advice on this before choosing between an uncontested and a court divorce.
• Muslim couples may also have questions about Islamic divorce (talaq) and how it relates to Thai civil divorce. See our guide to the talaq divorce procedure.

• Advising you on the right route — uncontested or contested — for your situation
• Drafting and negotiating divorce agreements, including custody, child support and the division of property
• Representing you in contested divorce proceedings, or defending a divorce filed against you
• Claims for compensation and spousal support
• Certified translations of the documents your divorce requires
• Immigration advice where your visa depends on your marriage

How long does a divorce take in Thailand?

Once the divorce agreement is signed and your documents and witnesses are in order, an uncontested divorce is usually registered in a single visit to the district office. A contested divorce takes much longer — in our experience, often more than a year, depending on the issues and the court’s schedule.

Can we divorce in Thailand if we married abroad?

Not at a district office, unless the marriage has been recorded in the Thai civil registry. Otherwise, the divorce must go through a Thai court, which will need a sufficient connection to Thailand and will check that each spouse’s national law permits divorce.

Do we both need to be in Thailand?

For an uncontested divorce, both spouses attend the registration in person. If one spouse lives abroad, the registration can be split between a Thai district office and a Thai embassy or consulate. In a contested case, you may need to attend court at certain stages.

Can same-sex spouses divorce in Thailand?

Yes. Since January 23, 2025, the same divorce rules apply to all married couples, whatever their gender.

Is there a fee to register a divorce?

There is no government fee for registering the divorce itself. Legal fees depend on how complex your divorce is; contact us for a quote based on your circumstances.

Every divorce is different, and the choices you make early on — which route to take, what goes into the agreement, how children and property are protected — can be hard to undo later. For confidential advice on your situation, contact our family law team. Our office is on the 22nd floor of the Interchange 21 Building, 399 Sukhumvit Road, Bangkok, and you can call us on +66 2 611 2881.

About the author

This article was written by Valentin Declercq, CEO of G.A.M. Legal Alliance, who holds a Master’s degree in Law (LLM) from the Université libre de Bruxelles (ULB) in Belgium. G.A.M. Legal Alliance, founded in 2011, is based in Bangkok and provides individuals with expert legal support for issues related to immigration, litigation, property purchases and many other areas.

Last updated: October 2026. This article provides general information about Thai law and does not constitute legal advice. For advice on your situation, please contact us.